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Deutschmann Personal Injury & Disability Law - PERSONAL INJURY & DISABILITY LAW BLOG
Spelling is Important
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Sometimes spelling errors don’t matter. Sometimes spelling is important. Insurance is a case where having all the information correct and correctly spelled is crucial. Insurance like all legal documents are held to a very high standard. Insurers, banks, and loan companies can use incorrect information to withhold payments in the event of a claim. Banks can deny withdrawals and deposits based on accuracy.

A recent case involving a Toronto woman highlights this issue. Carolina Ayala was scuppered in her attempts to cash the settlement cheque she got from her insurance company after she totalled her car in Toronto in January. CTV news reported that 5 years ago Carolina had financed the purchase of her car for $21,000. She had since paid the loan off, but when she got the cheque it was made out jointly to her and the finance company and she could not cash the cheque.

She had proof that she paid off the loan, but her credit report indicated the car was not paid for. The credit agencies Equifax and TransUnion would not accept her proof of payment. Upon further investigation she discovered that her name had been spelled incorrectly. Once corrected her credit record was cleared of the loan, a cheque was reissued in her name alone, and she was able to deposit it to her account.

It’s a cautionary tale. Always take to time when you are buying a car, insurance, a house, applying for credit cards, being admitted to the hospital, or getting any legal document that the information contained on them is correct. Here are some tips:

  1. Check your full legal name appears on any legal document. If you use a nick name or assumed name ensure that it is not the name you use on the legal forms. If you don’t use your given name then consider applying for a legal name change to avoid confusion in the future.
  2. Ensure that your date of birth is correct.
  3. Ensure that any other security information you provide (driver licence number for example) is also correct.
  4. Make certain that all of the paperwork you sign is correct. Don’t assume that because your name and information is correct in one spot that it is correct in all the spots.
  5. Check your information again on the confirming paperwork. For example, if you apply for a passport you should confirm the information in the passport is correct. If it isn’t then you must advise them and get the errors corrected.

 

 

Posted on Sunday, Apr 15, 2018 - 02:14:00 PM EST
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